Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 86

86. Section 33 of the Principal Act is amended-
(a) by omitting from the definition of "previous pension percentage of pay"
in sub-section (1) all the words after "duties" and substituting the
following-

"and-

   (a)  in the case of a person who was, on 30 September 1972, an officer of
        the Permanent Forces-he had, on that date, attained the retiring age
        for the rank held by him on that date; or

   (b)  in the case of a person who was, on that date, a non-Permanent Forces
        officer as defined in section 54A of the previous Act-he had, on that
        date-

        (i)    retired with the rank held by him on that date; and

        (ii)   reached the age that was his age on the date of his retirement,
and had, on 30 September 1972, completed a number of years of service for
pension equal to the number of years of service for pension completed by him
on his retirement;";

   (b)  by omitting from sub-section (1) the definition of "retiring age for
        the rank held" and substituting the following definition:



" 'retiring age for the rank held' has the same meaning as it would have in
the definition of 'retiring age for the rank held' in sub-section 4 (1) of the
previous Act if the reference in that definition to the date of a member's
retirement were a reference to 30 September 1972;";

   (c)  by omitting from the definition of "service for pension" in
        sub-section (1) "Defence Forces Retirement Benefits Act 1948-1971" and
        substituting "previous Act"; and

   (d)  by omitting sub-section (6) and substituting the following
        sub-section:



"(6) In the application of this section to a person who was, on 30 September
1972, a non-Permanent Forces officer as defined by section 54A of the previous
Act, the retiring age for the rank held shall be the age that would be deemed,
for the purposes referred to in sub-section 54A (2) of that Act, to be the
retiring age for the rank held by the person on his retirement if he had
retired on 30 September 1972.".